These Terms of Service ("Terms") govern your access to and use of the website, content, and services provided by TradeNova LTD DBA as Scaleup Media ("ScaleUp Media", "we", "us", or "our"). By using our website or engaging us for performance marketing services, you agree to these Terms.
1. Services
ScaleUp Media is a performance marketing agency offering paid advertising (Google, Meta, TikTok, LinkedIn), SEO, social media management, website design and development, CRM setup, and remote operations support. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written proposal or statement of work ("SOW") signed by both parties. The SOW takes precedence over these Terms in case of conflict.
2. Eligibility
You must be at least 18 years old and authorized to enter contracts on behalf of the business you represent.
3. Fees, Ad Spend & Payment
Service fees are billed monthly in advance unless otherwise specified in your SOW. Media spend (ad budget) is paid directly by the client to the ad platform or reimbursed to ScaleUp Media at cost. Late payments may incur a 1.5% monthly finance charge and may result in pausing campaigns. All fees are non-refundable once services have been performed.
4. Client Responsibilities
You agree to provide timely access to ad accounts, analytics, brand assets, approvals, and accurate information about your business. You are solely responsible for the legality of the products and services you advertise, the truthfulness of claims, and compliance with industry-specific regulations.
5. Performance Disclaimer
While we apply proven strategies and our best professional judgment, marketing results depend on many factors outside our control (offer quality, market conditions, ad platform changes, competition, landing page conversion, sales follow-up). We do not guarantee specific revenue, ROAS, lead volume, or ranking outcomes. Case studies and testimonials reflect individual results and are not promises.
6. Intellectual Property
Upon full payment, you own the final deliverables created specifically for you (ad creatives, copy, websites). ScaleUp Media retains ownership of pre-existing tools, templates, frameworks, and methodologies. We may showcase work in our portfolio and case studies unless you request otherwise in writing.
7. Confidentiality
Both parties agree to keep non-public business information confidential and to use it solely to perform under the engagement.
8. Termination
Either party may terminate an engagement with 30 days' written notice unless a different term is set in the SOW. Fees for the notice period remain payable. Upon termination, we will hand off accounts, assets, and any work-in-progress.
9. Limitation of Liability
To the maximum extent permitted by law, ScaleUp Media's total aggregate liability arising out of or relating to these Terms or the services shall not exceed the fees paid by you to us in the three (3) months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits or lost business opportunities.
10. Indemnification
You agree to indemnify and hold harmless ScaleUp Media against claims arising from the products or services you advertise, content you supply, or your violation of any law or third-party right.
11. SMS & Marketing Communications
By opting in, you consent to receive transactional and promotional SMS and email from TradeNova doing business as ScaleUp Media. Message frequency may vary. You can cancel the SMS service at any time by texting "STOP" to +1 812-487-1680. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
12. Carrier Liability Disclaimer
We are not responsible for any delays, failures, or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and may be affected by factors outside of our control. Carriers are not liable for delayed or undelivered messages.
13. Message and Data Rates Disclosure
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary depending on your interaction with our services. Charges may vary based on your mobile carrier, plan, and location. If you have any questions about your text or data plan, please contact your wireless provider for more details.
14. Privacy
If you have any questions regarding privacy, please read our Privacy Policy.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Any dispute shall be resolved by binding arbitration or in the state and federal courts located in Delaware.
16. Changes
We may update these Terms from time to time. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.
17. Contact
TradeNova LTD DBA as Scaleup Media · support@scaleupmedia.us